Gender-based violence, the raison dâĂȘtre for Australiaâs National Student Ombudsman, accounted for just 2 per cent of the complaints received by the agency in its first five months of operation.
Yet a forthcoming national code, designed to âstrengthenâ the ombudsmanâs work in this area, has been predicted to save Australia A$3.5 billion (ÂŁ1.7 billion) over the next decade â at a cost of A$1.2 billion, which universities and others will need to spend on compliance.
Estimated economic spin-offs from the mandatory code, which comes into force next year, stand at odds with the scale of the sexual violence caseload brought before the ombudsman so far.
Just 28 of the 1,711 complaints to the new regulator between February and June involved gender-based violence as concerns about course administration, teaching and learning and academic requirements dominated the issues raised by students.
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âWhile the number of matters was small, the complexity and seriousness of the issues raised were significant,â the ombudsmanâs inaugural ÌęČőČčČâČő.
Its establishment was mandated under the ââ, signed off by education ministers in February 2024. âNot enough has been done to address sexual violence in our universities and for too long, students havenât been heard,â federal education minister Jason Clare  when the agency commenced operations. âWeâre changing that.â
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The action plan also mandated a . It requires institutions to meet new national standards in seven areas including leadership and governance, response and support services, student accommodation and âdata, evidence and impactâ.
âFor too long, students havenât been heard,â Clare  when legislation underpinning the code was introduced.
The legislation passed parliament in August. An  concluded that the code would deliver benefits averaging A$534 million a year by preventing gender-based violence, improving institutional responses and enhancing safety on campus.
The analysis estimates savings of A$364,000 and A$260,000 respectively for âeach prevented caseâ of gender-based violence towards students and staff. Administration costs averaging A$57,500 for each âdisclosureâ by students, and A$15,000 in the case of staff, would also be dodged.
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Safer campus environments would produce savings averaging A$110 per person âdue to reduced absenteeism and presenteeismâ and A$11,000 in reduced âpsychosocial risksâ for each person with mental illness. These âconservativeâ estimates would be bolstered by broader economic benefits through womenâs improved workforce participation, better student retention and âchanging social normsâ.
On the flipside, the code would generate a âregulatory burdenâ averaging A$178 million a year, with about 63 per cent of the costs borne by institutions, 25 per cent by staff and 6 per cent by students.
UNSW Sydney social science professor Jan Breckenridge said the code would be useful so long as staff and âstudent advocatesâ were adequately trained in its application. âThere has to be an awareness of how the code can and should be implemented,â said Breckenridge, co-convener of the universityâs . âPeople need to report on it and in a meaningful way, not just a tick-a-box.â
Breckenridge said the ombudsman could also provide a useful âeducativeâ service for institutions and an alternative forum for student grievances. âThe advantage of having an ombudsman is that a student can bypass a university system and go straight to another decision-maker.â
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She said the paucity of complaints could indicate that students lacked awareness about the ombudsman but also that the problem was being addressed effectively at the institutional level. âI think most universities want to deal as well as they can with gender-based violence, because it is horrific.â
Monash University policy expert Andrew Norton said the response procedures mandated under the code could leave accused perpetrators âfeeling like they have faced a kangaroo courtâ. Universities are not required to produce physical evidence, meet a specified standard of proof, give respondents the opportunity to seek legal advice or inform them of internal appeal rights, he .
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Breckenridge said gender-based violence was a âdifficultâ issue for universities. âThere are many situations which are not quite assault orâŠwouldnât satisfy a criminal threshold. Youâre often left trying to work out, on the likelihood of probable outcomes, what may have happened.â
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